The "Breyne Law"

Part 2

THE MANDATORY PRINCIPLES OF THE LAW

The protection offered by the law is mandatory and cannot be deviated from by agreement. If there is nevertheless a deviation, this will be sanctioned, depending on the case, with the nullity of either the agreement or the deviating provision. Deviations that increase the obligations of the construction professional, and therefore extend the protection, are permitted, on the other hand.

TEN-YEAR LIABILITY

The ten-year liability with regard to building contracts (articles 1792 and 2270 of the Civil Code) has also been made applicable to the promoter and the seller. The law expressly stipulates that this liability also applies to successive owners of the house or apartment, on the understanding that legal action can only be brought against the original seller.

Furthermore, it is sufficient that one apartment of a collective building is sold before completion for the ten-year liability of the seller to also apply to the common parts of the apartments sold after completion.

The starting point of the ten-year liability is determined from the date of acceptance of the structure.In principle, this is the date of final delivery, unless the parties have contractually agreed to deviate from this rule.

Sanction:any clause that conflicts with the principles stated above is considered unwritten.